Car discharged?

[fblumberg]

What is the name of your state? Georgia
My atty. made several mistakes in my chapt. 7
One being my car loan...
Was supposed to be reaffimed...(he didnt return them in a timely fashion)
It wasnt, and it also wasnt contested by (no, they didnt show!)
the finance co. at the trustees hearing, I have made payments but also have been (he also didnt include three debtors that are still showing on my creditreports..., Wont return my calls 100 miles away)
told that, they cannot do any thing, ie: repo, call, etc. they have basically lost their interest in the vehicle...
Can I write a letter of demand for the title?
Do they have recourse?
I'd like to dump it and get something affordable... (original dealer in SW Florida)

[bigun]

I have made payments but also have been
told that, they cannot do any thing, ie: repo, call, etc. they have basically lost their interest in the vehicle...
Can I write a letter of demand for the title?

This is not true. They may repo the car. You just won't be responsible for any deficiency balance. Of course you can demand the title. They just will refuse to send it.
Keep in mind, a auto loan is a secured debt. You don't pay, they can come get the underlying security {the car}.
Just make arrangements to surrender the car and go on with life.

[Who's Liable?]

Originally Posted by fblumberg

What is the name of your state? Georgia
My atty. made several mistakes in my chapt. 7 One being my car loan...

That sux... although most stated deem ALL debts discharged regardless of being included in your matrix...

Originally Posted by fblumberg

Was supposed to be reaffimed... It wasnt,

It was included in your discharge than... If you did NOT sign reaffirmation papers with the lending company that owns the vehicle, than it was discharged in your BK.

Originally Posted by fblumberg

and it also wasnt contested by the finance co. at the trustees hearing,

Did the lending company even show up to the trustee meeting?

Originally Posted by fblumberg

I have made payments but also have been
told that, they cannot do any thing, ie: repo, call, etc.

You do not have to make payments on any debts that are discharged. Your financial obligation is severed... They cannot actively pursue getting their money back from you either...

They can take the car back. though. Since you did not pay for it in full and basically not fulfill the terms of your contract, they are within their legal rights to retrieve the vehicle... They can call to set a time to pick up the car, but not to ask for a payment.

Originally Posted by fblumberg

they have basically lost their interest in the vehicle...

Incorrect, they can and most likely will come and get the car... However, there is NO time limit to when they can retrieve the vehicle. They can come tomorrow, the next day, next week, two months etc....

Originally Posted by fblumberg

Can I write a letter of demand for the title?

Yes you can, but they are under NO legal obligation to give you the title...

Originally Posted by fblumberg

Do they have recourse? I'd like to dump it and get something affordable...

Just take it back to the dealership, give the manager the keys and go home...

[fblumberg]

Cant just return it!
bought it 900 miles from here!
SW Florida..
also nothing else to drive and the atty screwed up on
other issues that were supposed to be included and werent!
so my credit rating is at 480 cant finance, no $ just opened a small restaurant
in the N Ga mtns!
100 miles from atty who doesnt return my phone calls!

[bigun]

Well, as hass been pointed out, you've no liability for a deficiency balance. Just quit paying and let them take care of the recovery if, you can't afford the payments.